August 3, 2017
The Upper Tribunal has recently reported the case of R (Gabor) v SSHD (Reg 29AA: interpretation)  UKUT 00287. Mr Gabor was represented by Katy Robinson of our Public Law department. Mr Gabor is a Slovak national with serious historic convictions in his home country, the last of which dates from 2006. He had subsequently entered the UK to exercise his EEA treaty rights as a worker and jobseeker. Some years later and with no further convictions, he was detained and deported on account of his convictions in Slovakia. Wilsons assisted him to appeal against his deportation to the First Tier Tribunal. On Mr Gabor’s behalf, we then applied for permission for him to enter the UK to attend his appeal hearing in person. Regulation 29AA of the Immigration (EEA) Regulations 2006 (then in force), provided that such permission must be granted unless the applicant’s appearance may cause serious troubles to public policy or public security. The Home Office refused this request and Mr Gabor instructed us to challenge this by way of Judicial Review. The challenge was successful and Mr Gabor was permitted to enter the UK to attend his appeal hearing in person, arriving a few days beforehand in order for the final appeal preparations to be made. In deciding in Mr Gabor’s favour, the Upper Tribunal made the following findings, extending the law as previously set out in R (Kasicky) v SSHD  UKUT 00107:
Regulation 29AA has now been replaced by Regulation 41 of the Immigration (European Economic Area) Regulations 2016, but the law in this regard remains the same. Deported EEA nationals wishing to return to the UK to attend their appeal hearings in person should be granted permission to do so, with sufficient time to instruct their lawyers in advance of the hearing, unless their presence in the UK may cause serious troubles to public policy or public security. They should be prepared, however, for the possibility that they may be held in immigration detention on arrival and that they are likely to be expected to leave the UK while the appeal decision is pending.
If you are concerned or affected by the issues above and would like to make an appointment for a consultation with a member of our immigration team please contact Dionne on 0208 885 7979.
If you have a family case where you require some advice or representation, please contact Mavis for an appointment with a family solicitor on 020 8885 7986.